[INFO 205] Information Law and Policy, UC Berkeley class notes

205.md

#205 Notes

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##Key Terms Respondent Some one who brings the case

Petitioner One who presents a formal, written application to a court, officer, or legislative body that requests action on a certain matter.

Certiorari Order by which a higher court reviews the decision of a higher court.

Plaintiff

Facial Challenge

As-applied Challenge

How does it change the ruling?

• Substantial Government Interest Cleaning

##Types of Scrutiny

• Strict Scrutiny: (Most rigorous) A standard of Judicial Review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy. Applies when there is a content based regulation on speech.
• Intermediate Scrutiny: is the second level of deciding issues using judicial review
  • Furthers an important government interest
  • Narrowly tailored
  • No least restrictive analysis required
• Rational Based Scrutiny: (Least rigorous)
• Heightened Judicial Scrutiny Required when speech is restricted.
• Equal Protection scrutiny

##Types of Speech

• Commercial Speech is as important as speech and hence strict scrutiny can apply.

• Pure Speech mostly written and spoken

• Protected v. Unprotected

• Speech v. Conduct

##Type of Interests

• Compelling Government Interest Health, safety, protecting kids
• Important Government Interest
• Substantial Government Interest

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##Week 3

###Sorrell vs IMS

• The Vermont Pahrmacy law burdened the speech of the detailers. It does not restrict it.
• The law is not view point neutral. It does not restrict or burden the parties that have the same view point as the government.

Is Data Speech

• when data is created to

O'Brien's test:

Applies to symbolic speech like burning stuff.

A governmental regulation is sufficiently justified if it:

1. is within the constitutional power of the government;
2. if it furthers an important or substantial governmental interest;
3. if the governmental interest is unrelated to the suppression of free expression and
4. if the incidental restriction on alleged First Amendment constitutional freedoms is no greater than is essential to the furtherance of that interest.

Source: United States v. O’Brien

O'Brien test is "inapplicable" when the asserted government interest "directly related to expression in the context of activity."

Via: Wiki US v. O'Brien

Time, Place and Manner

1. Content Neutral
2. Serves a significant government interest, if this is true and the interest would be achieved less effectively absent the regulation, then it is considered narrowly tailored.
3. Leave ample channels of communication. Lest any confusion on the point remain, we reaffirm today that a regulation of the time, place, or manner of protected speech must be narrowly tailored to serve the government's legitimate, content-neutral interests but that it need not be the least restrictive or least intrusive means of doing so.

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##Week 4 Right to Privacy

• can be defined as "the right to be left alone"
• excludes
  • personal matter
  • activities which may reasonably be of public interest

4 categories of invasion of privacy under Modern tort law:

• Intrusion of solitude: physical or electronic intrusion into one's private quarters
• Public disclosure of private facts: the dissemination of truthful private information which a reasonable person would find objectionable
• False light: the publication of facts which place a person in a false light, even though the facts themselves may not be defamatory
• Appropriation: the unauthorized use of a person's name or likeness to obtain some benefits

Questions

• Difference between narrowly tailored and least restrictive manner
• Third condition of time place and manner ban: "Leave ample channels of communication" does it say that it should not burdened speech.
• when does time, place and manner apply.
• Content Neutral ban can be subjected to a over breath challenge.